Emerging issues: Water and biodiversity – links between the WFD and the Habitats Directive Meeting of the WFD Strategic Co-ordination Group 11 March 2009 Jorge Rodriguez Romero European Commission, DG Environment Unit D.2 – Water and Marine, WFD Team

Background Conclusions Water Directors meeting in Paris November 2008 (agenda point on CIS Work Programme 2010-2012): The links between water and biodiversity and the marine environment were highlighted as important strategic issues DG ENV Estuaries Group (lead ENV Nature unit) Set up in 2007, five meetings to date Focus on ports and dredging Guidance to be finished soon DG ENV/DG TREN Rivers Group (lead ENV Nature unit) Set up in 2009, first meeting on 19 February 2009 Focus on inland navigation Symposium German BMU-BfN-UBA October 2008 Workshop Eurosite-Natural England September 2007 Paralia Nature initiative

Has the CIS addressed the issue? Some basic elements can be found in some existing guidance documents E.g. CIS Guidance Document 12 – Wetlands, section 5.2 A second, vital step in delivering WFD obligations towards Natura 2000 wetlands is therefore to determine the surface water and groundwater related needs of sites (…). The water-related standards needed to meet the objectives for Natura Protected Areas may be more or less stringent than those required to achieve good surface water status (…). In accordance with WFD Article 4.2, the most stringent objective will apply. But no systematic approach, no in-depth discussion to date

Relevant provisions of WFD in relation to Habitats Directive (I) ENVIRONMENTAL OBJECTIVES Article 4(1) (c) Which are “any standards and objectives” under Habitats that are relevant for WFD? Article 4(2) How is the concept of more stringent objective applied in practice? Article 4(8) How to ensure that application of exemptions does not preclude the achievement of the objectives set by the Habitats Directive?

Relevant provisions of WFD in relation to Habitats Directive (II) REGISTER OF PROTECTED AREAS Article 6 … establishment of a register of all areas (…) for the conservation of habitats and species directly depending on water. Annex IV (…) areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in their protection, including relevant Natura 2000 sites designated under Directive 92/43/EEC and Directive 79/409/EEC. Which are the relevant habitats and species?

Relevant provisions of WFD in relation to Habitats Directive (III) MONITORING Article 8 (…) establishment of programmes for the monitoring of water status – for protected areas the above programmes shall be supplemented by those specifications contained in Community legislation under which the individual protected areas have been established. Annex V 1.3.5 Additional monitoring requirements for protected areas Habitat and species protection areas Bodies of water forming these areas shall be included within the operational monitoring (…). Monitoring shall continue until the areas satisfy the water-related requirements of the legislation under which they are designated and meet their objectives under Article 4. Which are the water-related requirements?

Links between Habitats and WFD: overall purpose and scope …contribute towards ensuring biodiversity through the conservation of natural habitats and of wild fauna and flora… … prevents further deterioration and protects and enhances the status of aquatic ecosystems and wetlands directly depending on the aquatic ecosystems… Scope Applied to habitats and species of Community interest, e.g.: → freshwater habitats → coastal habitats (eg Posidonia beds) → fish → insecta → angiosperms → amphibians → … Applied to all waters → including protected areas

Links between Habitats and WFD: environmental objectives General Objectives Avoid deterioration of natural habitats and the habitats of species … Achieve favourable conservation status, natural habitats and species of wild fauna and flora of Community interest prevent deterioration of the status of all bodies of surface water achieving good surface water status at the latest 15 years after the date of entry into force of this Directive … Operational objectives Favourable conservation status of Habitats: natural range, structure and functions, sustaining typical species in favourable conservation status Species: maintain sustainable populations in the long term (population dynamics, natural range, sufficient large habitats) Good status: Biology deviates only slightly from that normally associated with undisturbed conditions.

Links between Habitats and WFD: management, measures, new developments Management tools and measures A coherent European ecological network of special areas of conservation shall be set up under the title Natura 2000. Conservation measures appropriate management plans appropriate statutory, administrative or contractual measures River basin management plans Programme of measures Basic measures … New developments and prevention of deterioration Article 6.3 and 6.4 appropriate assessment obtaining the opinion of the general public in spite of a negative assessment: - in the absence of alternative solutions - overriding public interest - all compensatory measures Article 4.7 all practicable steps to mitigate; the reasons explained in the RBMP. overriding public interest benefits outweigh WFD benefits absence of better environmental option

Current developments DG ENV Nature and Water Protection units are currently working together on a paper to provide guidance on some of the key links between the BHD and the WFD The intention is to address some of the most frequently asked questions The paper will be an annex to the guidance on estuaries Issues to be addressed: scope of application the relationship between the environmental objectives of both directives (ecological status/potential vs conservation status) timing/coordination of the management tools potential synergies and conflicts of measures the relation between the provisions for new developments (WFD article 4.7 vs Habitats Directive articles 6.3 and 6.4) monitoring programmes

Follow-up? Building on existing guidance (WFD and habitats) Exchanging experiences / good practices of Member States for the first RBMP Bringing together nature protection and water protection communities Exploring synergies and providing guidance to solve potential conflicts Using DG ENV paper as starting point

The SCG is invited to Take note of the paper presenting the relevant provisions of the WFD and the Habitats Directive and of the presentation made Provide views on a potential activity on the links between the WFD and the Birds and Habitats Directives in view of the development of the CIS Work Programme 2010-2012